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Counter-Terrorism Act 2008

Volume 486: debated on Tuesday 13 January 2009

To ask the Secretary of State for the Home Department which (a) statutory instruments, (b) departmental circulars and (c) other documents she plans to issue in the next 12 months consequential on the provisions of the Counter-Terrorism Act 2008; and if she will make a statement. (242695)

The Counter-Terrorism Act 2008 received Royal Assent on 26 November 2008.

Part 5 (terrorist financing and money laundering) and part 6 (financial restrictions proceedings) of the Act came into force on the day after Royal Assent. The Lord Chancellor has made two sets of Rules of Court under section 72 of the Act. They are (i) the Supreme Court of England and Wales Civil Procedure (Amendment No. 2) Rules 2008 (SI 2008/3085) and (ii) the Rules of the Supreme Court (Northern Ireland) (Amendment No.3) 2008 (S.R. (N.I.) 2008, No. 479). Both were laid before Parliament on 2 December 2008.

Sections 85-90 (costs of policing at gas sites) will come into force, by virtue of section 100(3) (commencement) on 26 January 2009, that is two months after Royal Assent. Following this the Secretary of State for Business, Enterprise and Regulatory Reform will make an order designating the National Grid (NTS) as a gas transporter and subsequently they will issue directions to Ofgem and to the gas transporter.

Section 91 (appointment of special advocates in Northern Ireland) will come into force when section 27 of the Justice (Northern Ireland) Act 2002 (ch.26) comes into force.

The other provisions in the Act will be brought into force by commencement order.

The provisions relating to the power to remove documents (sections 1-9) and post-charge questioning (part 2 of the Act) require the PACE codes of practice to be revised when they are brought into force. Drafts of these revised PACE codes were laid in the House Library during the passage of the Act and they will be consulted upon in the normal way.

The formal consultation process is likely to be in January 2009.

In respect of section 28 (which provides UK-wide jurisdiction for terrorism offences) the Lord Advocate and the Attorney-General will set out some of the main considerations that may be relevant to decisions made under this section and this document will be made available in the House Library before the provisions are brought into force.

In relation to the provisions in Part 4 of the Act (the notification scheme for convicted terrorists) regulations will be made under section 52 (Travel outside the United Kingdom); Rules of Court will be made in relation to notification orders; a standard form for police acknowledgment of notification will be prescribed and regulations may be made prescribing further information that must be notified under the scheme.

Some of the other provisions in the Act will also require other supporting work to be in place before they may be implemented. Departmental circulars will accompany the commencement orders and other guidance will be issued where appropriate